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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Hotel Greystone Corp. v. New York Hotel & Motel Trades Council

This case involves a petition by Hotel Greystone to stay an arbitration initiated by the New York Hotel and Motel Trades Council, AFL-CIO (the "Union"). The dispute arose from an arbitrator's decision to reconsider a previous award, which the Hotel opposed based on timeliness and the doctrine of functus officio. The District Court, presided over by Judge Kaplan, denied the Hotel's motion for a permanent stay of arbitration. The court found that the Union's cross-motion to compel arbitration was timely under the National Labor Relations Act and that the doctrine of functus officio did not apply due to the parties' agreement. Furthermore, the court determined that New York's CPLR time constraints for modification of awards did not bar reconsideration given the contractual provisions. Consequently, the Union's cross-motion to compel arbitration was granted.

ArbitrationCollective Bargaining AgreementLMRANLRAFunctus OfficioReconsideration of AwardStay of ArbitrationCompel ArbitrationLabor LawContract Interpretation
References
15
Case No. 13-00-411-CV
Regular Panel Decision
Dec 13, 2001

Cullen Plumbing, Inc., D/B/A Cullen Pools, Inc. and Greg Cullen D/B/A Cullen Pools, Inc. v. Mark Duncan and Teresa Duncan

This case concerns an appeal from a default judgment against Cullen Plumbing, Inc., d/b/a Cullen Pools, Inc., and Greg Cullen, d/b/a Cullen Pools, Inc., brought by Mark and Teresa Duncan due to cracking in a pool deck. The appellate court affirmed the default judgment against Greg Cullen individually, finding strict compliance with service rules and evidence of conscious indifference regarding his failure to answer. However, the court reversed and remanded the judgment against Cullen Plumbing, Inc., d/b/a Cullen Pools, Inc., because the record did not demonstrate strict compliance with Texas Rule of Civil Procedure 107 regarding substitute service, specifically the lack of reflection that service occurred at the court-ordered address.

Default JudgmentService of ProcessTexas Civil ProcedureSubstitute ServiceAppellate ReviewMotion for New TrialConscious IndifferenceCraddock TestJurisdictionDue Process
References
5
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Pitta v. Hotel Waldorf-Astoria Corp.

Vito J. Pitta, as president of the New York Hotel and Motel Trades Council, AFL-CIO, sought to vacate or remand an arbitrator's award in a dispute with ten New York City hotels. The dispute arose when hotels docked wages of room attendants who willfully "dropped" rooms as part of a partial work stoppage. The Impartial Chairman upheld the hotels' action. Pitta challenged the award, arguing it exceeded the arbitrator's authority and violated New York Labor Law section 193. The court denied Pitta's motion for summary judgment and granted the hotels' cross-motion, affirming the arbitration award. It found the arbitrator acted within his authority and that federal labor law preempts the state law regarding employer-employee economic self-help in collective bargaining.

Arbitration AwardSummary JudgmentLabor DisputeWage DockingWork StoppageCollective BargainingFederal PreemptionNew York Labor LawLabor-Management Relations ActJudicial Review
References
14
Case No. MISSING
Regular Panel Decision
Aug 29, 1986

Pitta v. Hotel Ass'n of New York City, Inc.

The plaintiff, Vito J. Pitta, President of the New York Hotel and Motel Trades Council, AFL-CIO, and defendant Hotel Association of New York City, Inc., both moved for summary judgment concerning a June 25, 1986 arbitration award issued by defendant Millard Cass, the Impartial Chairman. The Council sought to vacate the award and compel the selection of a new chairman, while the Association aimed to confirm and enforce it. The court found that the Council had the right to unilaterally terminate Cass's term, effective sixty days after notice was given on June 2, 1986. Consequently, the court vacated the arbitration award, ruling that Cass's conclusions were contrary to the court's earlier findings of fact. The Association was directed to participate in selecting a successor chairman, with the order becoming effective on August 29, 1986, to allow for appeal.

ArbitrationLabor Management Relations ActFederal Arbitration ActImpartial ChairmanCollective Bargaining AgreementContract InterpretationEmployment at WillRes JudicataCollateral EstoppelJudicial Review of Arbitration
References
16
Case No. 07-01-0365-CV
Regular Panel Decision
Jan 31, 2002

Jerry Pool v. Kirkland Construction Co.

Jerry Pool appealed a final summary judgment granted in favor of Kirkland Construction Co. and Kirkland Construction, R.L.L.P. Pool contended the trial court erred by granting the judgment, arguing that Kirkland failed to prove Pool was not terminated for filing a worker's compensation claim. Kirkland had alleged multiple grounds for summary judgment, including 'no evidence' claims related to wrongful termination, discrimination, attempts to prevent medical treatment, refusal to assist with disability papers, and lack of damages. On appeal, Pool failed to address or rebut any of these grounds. Because the trial judge did not specify the grounds for the summary judgment, and Pool did not challenge all of Kirkland's asserted grounds, the appellate court affirmed the summary judgment.

Summary JudgmentWorker's Compensation ClaimWrongful TerminationEmployment DiscriminationAppellate ProcedureBurden of ProofUnaddressed GroundsTexas Rules of Civil ProcedureLack of EvidenceFinal Judgment
References
4
Case No. MISSING
Regular Panel Decision
May 29, 2009

Kilmetis v. Creative Pool & Spa, Inc.

The plaintiff, an employee of Complete Construction Alternatives, Inc., sustained personal injuries on October 3, 2006, after falling from a scaffold while finishing siding on a garage roof. He initiated a personal injury action against Creative Pool and Spa, Inc., alleging a violation of Labor Law § 240 (1) and asserting Creative Pool was the general contractor. The Supreme Court of Nassau County denied the plaintiff's motion for summary judgment and granted the defendant's cross-motion, dismissing the complaint. On appeal, the order was affirmed, with the court finding that Creative Pool was neither a general contractor nor an agent for liability under Labor Law § 240 (1) concerning the plaintiff's work. This decision was based on evidence that Creative Pool did not supervise or control the plaintiff's work, provided no equipment, and was not present at the site on the accident date.

Personal InjuryScaffold AccidentConstruction Site SafetyLabor Law § 240(1)Summary JudgmentGeneral Contractor LiabilityAgent LiabilityAppellate ReviewNew York LawWorkplace Accident
References
12
Case No. MISSING
Regular Panel Decision

Poole v. Karnack Independent School District

Brenda Poole, a public school teacher, appealed the trial court's judgment affirming the Texas Commissioner of Education's decision. The Commissioner had upheld the Karnack Independent School District's dismissal of Poole's request for assault leave, citing untimeliness. Poole was injured in 2001 but requested leave in 2003, claiming ignorance of the policy. The court affirmed the Commissioner's decision, stating that the request was not made within a reasonable time, even without a specific statutory deadline. The court also dismissed Poole's request for declaratory relief as a redundant remedy.

Assault LeaveTimelinessGrievance PolicyEducation CodeJudicial ReviewAdministrative LawPublic School TeacherSchool DistrictCommissioner of EducationDeclaratory Relief
References
18
Case No. 03-98-00169-CV
Regular Panel Decision
Jun 17, 1999

Texas Workers' Compensation Commission and Subsequent Injury Fund v. Texas Municipal League Intergovernmental Risk Pool

The Texas Municipal League Intergovernmental Risk Pool (Risk Pool) challenged the constitutionality of specific provisions within the Texas Workers' Compensation Act and related Texas Workers' Compensation Commission (TWCC) rules. These provisions mandated contributions to the Subsequent Injury Fund, which the Risk Pool argued violated constitutional restrictions on political subdivisions lending credit or granting public money, and imposing state ad valorem property taxes. The trial court initially sided with the Risk Pool, declaring the requirements unconstitutional as applied to its members. On appeal, the Court of Appeals addressed the Risk Pool's standing and the core constitutional arguments. The appellate court characterized the mandatory contributions as analogous to a custodial escheat statute, where the state assumes custody of unclaimed death benefits rather than gaining absolute ownership. Consequently, the court reversed the trial court's judgment, concluding that the Risk Pool failed to meet its burden for an "as applied" constitutional challenge, notably by not asserting a limitations defense.

Workers' Compensation ActSubsequent Injury FundDeclaratory JudgmentConstitutional ChallengeAs-Applied ChallengeAssociational StandingAcceptance of Benefits DoctrineEscheat LawCustodial EscheatUnclaimed Death Benefits
References
18
Case No. 01-12-00581-CV
Regular Panel Decision
Oct 24, 2013

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles v. Miller, Jr.

This case is an appeal from the denial of motions to dismiss a defamation, business disparagement, and tortious interference lawsuit. Appellants, Newspaper Holdings, Inc., IntegraCare of Texas, LLC, and Charlotte Patterson, published articles detailing regulatory issues and investigations at Crazy Hotel Assisted Living facility and its owner, Charles Miller. They sought dismissal under the Texas Citizens’ Participation Act (TCPA), asserting their communications were protected free speech on matters of public concern. The appellate court found it had jurisdiction, reversed the trial court's decision, holding that Appellants met the TCPA burden, and that Appellees failed to provide prima facie evidence for their claims. The court also determined the commercial speech exemption to the TCPA did not apply, remanding the case for dismissal.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens' Participation Act (TCPA)Free SpeechPublic ConcernAssisted Living FacilityElder AbuseMedicaid Fraud ProbeNewspaper Articles
References
29
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